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LAVERY v. BARR

No. 18-60244.

943 F.3d 272 (2019)

John Joseph LAVERY, Petitioner v. William P. BARR, U. S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED November 22, 2019.

Attorney(s) appearing for the Case

Lance Edward Curtright, Esq. , De Mott, McChesney, Curtright, Armendariz, L.L.P., San Antonio, TX, for Petitioner.

Jonathan Aaron Robbins , Trial Attorney, Ilana Joslyn Snyder, Esq. , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before JONES, SMITH, and HAYNES, Circuit Judges.

John Lavery, the petitioner, was ordered removed from the United States by the Department of Homeland Security ("DHS") after he violated the terms of his admission under the Visa Waiver Program ("VWP"), 8 U.S.C. § 1187. He filed a motion to reopen pursuant to 8 C.F.R. § 103.5, positing that he never voluntarily...

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